Jul22
Past-Due Credit Cards and Wage Garnishment: What You Need to Know
If you fail to pay your credit card bills, your creditors may be able to come after their money through the courts and win a settlement against you; a settlement that includes a wage garnishment.
Here is what you need to know about wage garnishment:
- Wage garnishment is regulated by state law, although some federal laws may exist when it comes to wage garnishment, as well.
- In general, about 25 percent of your after-taxes wages can be garnished by your creditors. As a result, regardless of how many creditors obtain an order of garnishment from the courts, the total amount of your garnished wages cannot, in general, exceed 25 percent of your after-taxes earnings.
- There are a number of ways to prevent wage garnishment. Contact your creditors and set up a payment plan. Make sure you clearly communicate your desire to pay back your debt, but that you need a more affordable payment plan. Ask your creditor to send you the updated payment plan in writing for your records. Most creditors will agree to a smaller payment each month, provided you keep true to your word and pay every month. If you set up a payment plan and then fail to keep up your end of the deal, expect your creditor to take legal action.
- If the creditor does not agree to a more manageable payment plan, know that you have rights. You have a right to defend yourself in a court proceeding where the creditor is seeking wage garnishment. If you show up to the court date, show the judge your records and explain your attempts to make good on the debt; it is likely the judge will require the creditor to accept your payment plan.
- Keep in mind that wage garnishment is the last resort for most creditors, and you should make every attempt to clear your debt and find a solution to your debt problem before a court proceeding and wage garnishment take place. Cut down on your spending, consolidate your debts, or contact a credit counselor, if necessary.